An Analysis of Restorative Justice in the Resolution of Adultery Cases through a Deliberative Process
DOI:
https://doi.org/10.24252/al-risalah.v26i2.66049Keywords:
keadilan hukumAbstract
This study aims to analyze the application of restorative justice in resolving adultery cases through a deliberative process as an alternative conflict resolution oriented towards restoring social relations and community harmony. Adultery cases not only have legal impacts, but also affect family relationships, social values, and community norms. The restorative justice approach is considered relevant because it emphasizes the restoration of losses, the responsibility of the perpetrator, and the active involvement of affected parties. This study uses a normative legal research method with a conceptual approach and a statutory regulatory approach. Data were obtained through a library study of various literature, legal regulations, and research results related to restorative justice and the resolution of adultery cases. The results show that a deliberative process involving the perpetrator, victim, family, community leaders, and other related parties can create a space for dialogue that encourages the achievement of mutual agreement, peaceful conflict resolution, and the restoration of disturbed social relations. Therefore, a clear mechanism and adequate oversight are needed to ensure the deliberative process is fair, transparent, and respects the rights of all parties. Therefore, restorative justice through a deliberative process has the potential to be an effective approach to resolving adultery cases, particularly in communities that uphold the values of deliberation and peace.
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